In Part I of this article, I explained that the CAFC invalidated almost every software patent on appeal for eligibility in 2020 and recapped the first 13 such cases of the year. Despite the many software eligibility cases decided last year, there is still some uncertainty about what passes muster under the Alice two-step framework. Below is a recap of the remaining 14 cases considered by the CAFC in 2020 with respect to software patent eligibility.
Patent
- Enablement
- Fee Shifting
- Litigation
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- How French and California Contract Law Would Interpret SEP Patent Owner Obligations Under the ETSI Licensing Declaration
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- Other Barks & Bites for Friday, November 25: Seventh Circuit Nixes Publicity Claim Against Subscriber List Sale, Copyright Office and USPTO Announce NFT Study, and Alia Moses Takes Over as Chief Judge of Western Texas
- What IP Stakeholders are Giving Thanks for in 2022